Sheriff for the use of the Creditor to whom the Sheriff shall give notice that he may take them into his own possession and because there can be no Averment against a Record It is further Enacted That the Sheriff make return of the Execution to that Clerk of the County that granted it by him to be entred upon Record under the Order it was issued upon that so the Satisfaction aswell as the Judgment may be authentiquely proved if occasion require Whereas the Act for the Relief of poor Prisoners hath contrary to the intent thereof been extended to men of all capacities and by that means an inconsiderable part of their Estates or at least unprofitable to him whose dependance is Tobacco according to his agreement forced for satisfaction Be it therefore Enacted That henceforth every Debtor under Execution for Debt shall be detained in Prison until he have paid the debt in kind but that real poor men laid under Execution for a Debt under One Thousand pounds of Tobacco shall still have liberty by part of their Estate by some Justice of the County indifferently assigned and by Apprizers summoned by the Sheriff and sworn equally to apprize the said Estate shall make payment thereof to their Creditor and redeem their persons XLIX No Commissioner Clerk or Sheriff to be Attorneys in the Court where they officiate BE it Enacted That neither Sheriff Commissioner Under-Sheriff or Clerk of any Court within this Colony shall be permitted to plead as an Attorney in any persons behalf in the Court wherein he Officiates and the said Commissioner Sheriff Under-Sheriff or Clerk offending herein shall for every default be fined One thousand pounds of Tobacco to the use of the County Provided alwayes That if any poor person not able to plead his own cause shall request the Court to Assign him one of the Commissioners to plead for him it shall be lawful for the Court to grant it and for the Commissioner to plead accordingly but the Counsellor Commissioner c. so pleading the poor man's cause not to give Judgment therein Provided also That any Commissioner-Sheriff Under-Sheriff or Clerk acting as General Attorney for any persons absent out of the Countrey or County and Negotiating their affairs and so lyable to be sued for their imployers such persons notwithstanding this Act shall have liberty also to plead and prosecute in any Cause that shall any way concern their said Imployers L. Publication of Writs for Election of Burgesses WHereas frequent Complaints are made by the people that they have no notice of the time appointed for the Election of Burgesses and by that means are deprived of giving their voices in the Election of their own Representatives Be it Enacted henceforward That the Sheriffs of the respective Counties shall upon the Receipt of the Writs cause Copies thereof with the day appointed for the Election endorsed to be sent to the Minister or Reader of every Parish in their County who is to read the same to the People two Sundayes successively both in the Church and Chappel of Ease to it belonging to the end that no person may pretend ignorance and return the same to the Sheriff with his Attestation subscribed that he hath published the same according to the tenor of this Act which Attestation shall be sufficient to discharge the Sheriff from blame But if the Sheriff neglect to send Copies as aforesaid then to be fined Two thousand pounds of Tobacco to the use of the County And every Freeman after such publication made neglecting to come and give his Vote at the day appointed for Election shall be amerced Two hundred pounds of Tobacco to the use of the County And be it further Enacted That if the Sheriff shall not before the day of the Return make his due Return of the Writ with the names of the Burgesses endorsed into the Secretaries Office at James-City the said Sheriff so neglecting shall be fined Two thousand pounds of Tobacco to the publique LI. Publique Levies to be first paid BE it also Enacted That no Sheriff shall where he receives Tobacco of any person indebted for his Levyes and also for Fees and other debts due to himself or any other Officers and not paying the whole in kind by which means for part thereof distress must be made shall presume to convert the Tobacco in kind to his own or any others use and force the Countrey-Creditour to accept of the distress or stay for his debt But that all debts due to the Publique be first paid and the Tobacco in kind paid to the Creditour of the Publique whose Reputation is by these Evasions often vilified and that the Sheriff making default herein shall be fined Ten thousand pounds of Tobacco to the use of the Publique upon proof thereof made in any Court of Record in this Countrey LII The Sheriff upon the instance of the Treasurer or his Deputy to Collect the Quit-Rents AND be it further Enacted That the Sheriff being his Majesties immediate Officer shall upon the instance of his Majesties Treasurer or his Deputy here be compelled to receive all such Quit-Rents as the said Treasurer or his Deputy shall give him order to receive in his County and that the said Quit-Rents be paid as the Levies in the direct specie of Tobacco or Money and that no particular Fees or Debts be preferred before them under like penalty as for the payment of other Debts before the Levies LIII List of Tithables how to be taken WHereas the fraud of Sheriffs in bringing in the Lists of the Tithables hath very much augmented the Taxes of the Countrey Be it Enacted That for the better discovery of the number of Tithables each County shall be divided into several Precincts in each of which a Commissioner shall be by the Court appointed to take a List of the Tithables to be brought or sent in under the hand of the Master of every Family of the names and number of Tithables he hath in his Family and if he bring in a false List the said Master shall pay treble duties for every person so by him concealed And be it further Enacted That the said Commissioner give publique notice in Writing to be read and set up at the dore of the Church or Chappel of Ease of the Precincts he is to take accompt of and of the day he will receive them Provided the day be before the Tenth of June at farthest at which time every person neglecting to bring in his List as aforesaid shall be adjudged a Concealer and pay accordingly and every Commissioner failing in giving notice neglecting to take the List conniving at others concealment or not giving a true List of his own Tithables shall also pay treble duties as aforesaid And be it further Enacted That every Commissioner in August-Court following shall deliver the Accompt so taken by him and the Subscriptions of the several Masters of Families to the Clerk of the County-Court who shall return an exact List of
Law appointed Provided alwayes that it shall and may be lawful for the dispatch of Merchants and other Sea-affairs which cannot without much prejudice and detriment to the said Merchants or Masters be deferred till the Courts in course should come It is Enacted That it shall be lawful for any Justice of the Quorum by his Warrant directed to the Sheriff to call a particular Court and to summon any person or persons before them XXXVII Tryals by Juryes WHereas the Seventieth Act made in 1642. and continued by the Ninety-first Act 1657. seems to restrain both Plaintiff and Defendant from Trial by Juryes unless the Plaintiff in his Declaration or the Defendant upon Entry of his appearance do desire the same which restriction is quite contrary to the Law of England by which the Tryal of all matters of Fact is as appropriate and inherent in the Jury as matter of Law is in the Judges for which cause and that we may in all our Tryals come as near as may be to the Laws of England by which we are to be governed as our present capacities will admit Be it enacted That every Morning the Court sits whether the General or County-Courts the Sheriff of the County in which it sits shall impannel a Jury to attend the Court that day to try such Causes as the Court shall find proper to be referred to them and that whenever a Jury is sent our an Officer sworn to that purpose shall keep them from meat and drink until they have agreed on their Verdict XXXVIII Grand-Juryes to present Offenders WHereas the several Laws constituted and made for the redress of several Misdemeanors and Offences either through the remisness of the County-Courts or the Justices that keep the same or else through the defect of the Laws in not appointing some peculiar Officers to look narrowly after the Offenders and to make presentment thereof to the said Justices at their County-Courts by which means the Laws themselves are slighted and contemned and become wholly useless and ineffectual Be it therefore enacted and confirmed That Juryes of Inquest be impanelled and sworn in every County to enquire of the breach of all Penal Laws in their several Counties and that they make presentment thereof to the several County-Courts twice yearly viz. in April-Court and December-Court when the Justices are to receive them and find them according to Law and to take for evidence the presentment of the Jury if made upon the certain knowledge of any of them or otherwise the Parties that inform the Jury to give their Evidence to the next Justice in presence of the Party presented which Deposition being produced by the Jury with their Presentment shall be sufficient ground for the Court to pass Judgment against the Offenders XXXXIX Pillories to be erected at each Court WHereas many Offences are punishable by the Laws of England and of this Country with Corporal Punishments for executing whereof no such Provision hath been made as the said Laws require Be it therefore enacted that in every County the Court cause to be set up a Pillory a pair of Stocks a Whipping-Post neer the Court-House and a Ducking-Stool in such place as they shall think convenient that such Offenders as by the Laws are to suffer by any of them may be punished according to their demerits and the Court not causing the said Pillory Whipping-Post Stocks and Ducking-Stool to be erected within six Months after the Date of this Act shall be fined Five Thousand Pounds of Tobacco to the use of the Publick XL. Fines to be disposed of by the Assembly WHereas divers Trespasses against the Publick are punishable by Fines which are by the present Law to be disposed of to the use of the Counties in which the Trespass is committed and yet nothing done for the good of any County as was intended whereby it may be presumed that the said Fines are either not gathered whereby the Trespassers by this lenity and impunity are encouraged to persist in their Contempts of the Laws or else the said Fines are by some evil Commonwealths-men perverted to their private uses For prevention whereof for the future Be it enacted That the Courts shall only lay and collect the Fines and that they cause the Clerk of their respective Courts to keep an Account thereof and to return the Estreatments to the Clerk of the Assembly at James-City by the Third of the General Court held there in March yearly And it is further enacted that the said Clerk of the Assembly do annually attend accordingly during the time at the place aforesaid to receive them and at the next Assembly to present them to the Burgesses who are to order the disposal of the said Fines as to them shall seem most necessary for the good and benefit of the several respective Counties wherein they accrewed due always proportioning to every County the use of all the Fines which were levied therein XLI Supersedeas by whom and how grantable WHereas the Writ of Supersedeas hath of late been too frequently granted upon slight pretences of errour in the Court thereby not only injuriously delaying Justice and keeping men from their Just Dues but also bringing Calumnies and Aspersions upon the Courts themselves Be it therefore enacted That no Supersedeas whatsoever shall hereafter be granted but by the Governour and two of the Council nor by them unless the Party desiring it make it probably appear to them that there is Error in the Judgement and shall then also give good security to make good his Plea and if he be cast at the next General Court to pay the Principal with Five and Twenty per Cent. Damages besides Costs XLII Prisons to be built in each County WHereas the First Act of the Assembly held at James-City the third of November 1647. and continued by the Assembly held there the Third of March 1657. for prevention of escapes for Prisoners hath enacted That sufficient Prisons should be built in each County and that an House built after the form of a Virginia-House our abilities not extending to build stronger should be accounted a sufficient Prison and that any Person being a Prisoner for Debt or Crime and breaking one of those Prisons should be proceeded against as a Felon and that neither Court Commissioner nor Sheriff should be answerable for such escape And whereas the Sixty first Act of the Assembly held at James-City the said Thirteenth of March 1657. makes the several Counties not building such Prisons lyable to the Sheriff for the Escape of any Person committed to his Custody which Acts have for want of a Penalty never been put in Execution for want whereof Felons may escape and Debtors for want of due Restraint delay alwayes and defraud oftentimes the Creditor of his Just Dues and by means thereof the Law it self made wholly void which intended principally that all men should by that Restraint have been forced to make a speedier Satisfaction For remedy whereof be
Peace of this His Majestie 's Country have enacted ordained and confirmed and do by these Presents enact ordain and confirm That for the future No Indian King or Other shall upon any pretence alien or sell nor no English for any cause or consideration whatsoever purchase or buy any Trace or Parcel of Land now justly claimed or actually possessed by any Indian or Indians whatsoever All such bargains and sales hereafter made or pretended to be made being hereby declared to be invalid void and null any Acknowledgement Surrender Law or Custom formerly used to the contrary notwithstanding And further That the Indian's Properties in their Goods be hereby assured and confirmed to them and their Persons so secured that whoever shall defraud or take from them their Goods or do hurt or injury to their Persons shall make such satisfaction and suffer such Punishments as the Laws of England or this Country do inflict if the same had been done to an English man And be it further enacted That what Englishman hath already contrary to the Laws formerly in force for surrendring and acknowledging Indian's Lands made Incroachments or seated upon them shall if they make not good proof of their Title upon Complaint made be by Order directed to the Sheriff to execute removed from their Seats of Land thus wrongfully incroached and all Houses by them built upon the said Lands be demolished and burned And be it further enacted That all English Men having by surrenders made at Quarter-Courts or Assemblies procured a colourable Right to any Land by the said English now seated within three Miles of any Indians for prevention of the Injuries done to the Indians by the said Englishmens Hogs and Cattel shall send such Number of hands as they shall be appointed by Commissioners to be authorized by the Governour to help the Indians to fence in a Corn-field proportionable to the Number of Persons the said Indian Town doth consist of and that after such fence once made sufficiently according to Act of the Assembly if the Indians keep it not in repair what damages soever they shall afterwards sustain shall be at the hazard and sole loss of them the said Indians And be it further enacted That for the better relief of the poor Indians whom the seating of the English hath forced from their wonted Conveniencies of oystering fishing and gathering Tuchahoe Cortenions and other Wild-Fruits by which they were wonted for a great part of the Year to subsist Be it therefore enacted granted and confirmed That the said Indians upon Address made to two of the Justices of that County they desiring to oyster or gather Wild-Fruits in as aforesaid they the said Justices shall grant a Licence to the said Indians to oyster or gather Wild-Fruits as aforesaid Provided the said Justices limit the time the Indians are to stay and the Indians bring not with them any Guns or Ammunitions or other offensive Weapons but only such Tools or Implements as serve for the end of their coming And if any Englishman shall presume to take from the Indians so coming in any of their Goods or shall kill wound or main any Indian he shall suffer as if he had done the same to an Englishman and be fined for his Contempt And because many under-hand and unlicensed Traders do truck and Trade with the Indians contrary to the Act of Assembly and to the great prejudice of all such as legally procure Commissions from the Governour under pretence that the things trucked for be given them by the Indians Be it therefore enacted That what Persons soever shall upon any pretence whatsoever buy take or receive any thing or commodity from an Indian shall upon proof thereof at any Court be ordered to pay treble the value of the thing received to the Person injured thereby And because sometimes Differences may arise between the Indians and those they trade with which if we should proceed by way of Arrest might tend much to the Disturbance of the peace of the Country Be it therefore enacted That any Commissionated Trader having a difference with any Indian King or Other shall repair to to the Governour for him or such other as he shall appoint to determine the matter in controversie between them And because the Imprisonment of an Indian may bring a War upon the Country and consequently the making of Peace and War being wrested out of those hands it is by his Majestie 's Commission intrusted into the power of every Individual in the Country Be it therefore enacted That no Person of what quality soever presume to Imprison any Indian King without a special Warant from the Governour and two of the Council as they will answer the contrary at their utmost peril And because this Act cannot be put in Execution without Commissioners to view the present Bounds of the English and Indians Be it therefore enacted That the Honourable Governour be desired and authorized to appoint uninterested Persons Commissioners to go with Parties of Horse to the several Indian-Towns and there to proclaim these and the following Articles of Peace between Us and the Indians to settle the Bounds between us and to appoint others of the most integrity to fix the time and assess the work to help the Indians Fence and all other things by this Act enjoyned and for prevention of future Intrenchments beyond the bounds once fixed Be it further enacted That the Governour be desired and authorized to Commissionate certain Persons annually to visit the same and to take care that no Intrenchment be henceforth made upon the Indians And because an Interval between the Indians cannot in the present nearness of seating be so laid out as may wholly secure the English from the Indians coming in and pilfering things from them if a free intercourse be admttied Be it therefore enacted for prevention thereof and to the end that the Nations may be distinguished and so if they are taken in the manner of doing any Injuries the sufferers know to what Kings to address themselves for remedy That Badges viz. Silver-Plates and Copper-Plates with the name of the Town graved upon them be given to all adjacent Kings within our Protection And that all the said Kings give it in Charge to their people that none of them presume upon what occasion soever to come within the English bounds without those Badges upon them or one with a badge in their Company and if any Damage or Injury be done to any Englishman by them or any of them that then the King or Great-man of the Place the badges denote shall be answerable for it And if any shall notwithstanding this Injunction be found in our bounds without an such badge or not accompanied with one that shall have them that then it shall be lawful for any Englishman to carry him or them before any Justice of the Peace who shall keep him or them in safe Custody until their King or Great-man ransome them by paying one hundred Arms length
sit Judges in all the County-Courts and there hear and determine all causes then depending in them by Action or reference from any other preceding Court in that County Provided no Councellor be appointed to go the circuit in the River wherein he doth inhabit XXVI Appeals how to be made WHereas many Appeals are made from County-Courts to General-Courts and from General-Courts to Assemblies whereby the speedy Execution of Justice is often retarded and many persons disabled by the charge of going to James-City to prosecute are forced many times to desist from the claim of their Just Rights Be it therefore Enacted that for the avoiding delayes and for the ease of the Inhabitants all Appeals made in any Court after the General-Court in March be referred to the hearing of the Governour or Itinerary-Councellours in their Circuit From whose sentence it there if any person will appeal If the Governour be present shall be made to the next Assembly if two of the Council then to the next General-Court from which the said Councellors during the Tryal of such cause or causes in which they had at the County-Courts given their opinions shall be suspended But because in the Winter time the General-Courts are more frequent and all Causes there receive a speedier determination and because Tobacco being only then payable may be paid in kind It is Enacted That all appeals made from October December and other Intervening County-Courts be made to the next succeeding General-Court and from thence to the Assembly And because there may be as great Errors of Judgement or Will in matters of small value as in the greatest It is further Enacted That Appeals shall lie open as aforesaid for any thing of what value soever alwayes Provided that the Appellant put in good Security for prosecuting the Appeal and payment of Fifty per cent Damages to the Defendant if the Appellant be cast in the Suit for his unjust molestation Provided also that no Appeals be made from Northampton-County whose remoteness and dangerousness of Passage is such as is not for inconsiderable causes to be attempted under the value limited by former Acts of Assembly being Three thousand pounds of Tobacco or Thirty pounds sterling any thing in this Act to the contrary notwithstanding And be it further Enacted That all causes of what value or nature soever not touching life or member may be tryed at the County-Courts and that no Arrest be made to the General-Court in any Action under the value of Sixteen hundred pounds of Tobacco or Sixteen pounds sterling upon penalty of Five hundred pounds of Tabacco to be paid by the Plaintiff to the Defendant for his Charges XXVII Amerciaments in the General-Courts Fifty pounds of Tobacco per Cause in County-Courts Thirty per Cause WHereas many Suits are raised upon frivolous occasions by litigious persons for prevention thereof for the future Be it Enacted and confirmed That all persons whatsoever that are cast in any Cause be they Plaintiffs or Defendants shall be Amerced besides the Dammages and Costs to the Recoverers Fifty pounds of Tobacco in the General-Courts to the use of the Publique and in the County-Courts Thirty pounds of Tobacco for the maintenance of the Commissioners For the due Collecting whereof Be it Enacted That the Clerks of the General-Courts and the several County-Courts keep an exact Accompt of the Amerciaments and deliver or send the same to the several Sheriffs of the particular Counties who are hereby required to Collect the same with the Levies and are accordingly impowred for default of payment to make distress and commanded not to return any Arrears Executors and Administrators who cannot pay without orders alwayes excepted XXVIII Subpaena's to be Issued by the Clerk BE it also Enacted That the Clerk of the General-Court shall issue Subpaena's from the Secretaries Office for all Evidences required in the tryal of any Cause there depending if the Witnesses required do not dwell beyond the Bay or the North-side of James-River And if they do that then a Dedimus Potestatem shall issue for taking the Deposition in the County or Counties where the Witnesses do dwell Provided alwayes That in Criminal-Causes all Witnesses be bound over to give in their Evidences vivâ voce at the tryal in the General-Court XXIX Dedimus Potestatem how to issue WHereas many Causes between parties and parties are lost for want of Evidence who living so far remote cannot but at a charge and expence farr exceeding the value of the Cause be brought to give it vivâ voce at the General-Court or at the County-Courts if the party dwell out of the County or else a greater mischief is introduced by the partial and illegal Examination of Witnesses in presence of but one party before some one Commissioner perhaps too favourably inclined to the party in whose behalf the Depositions are taken besides the trouble expence and hinderance of the Witnesses themselves who many times are forced One hundred Miles from the place of their Residence for a small allowance to give Evidence in tryals of petty and inconsiderable values For remedy whereof and that all parties may with more convenience less trouble and cost have their Evidences impartially and legally taken Be it Enacted and confirmed That if the Cause be to be Tryed at the General-Court the Governour if in any County-Court any one of the Council or the Judge of the Court shall grant and sign a Writ of Dedimus Potestatem for Examination of Witnesses in the Counties where they dwell directed to three such persons as the Plaintiff and Defendant if they both desire the Writ shall by consent make choice of and nominate But if it be the single request of either Plantiff or Defendant then the Governour Councellour or Judge of the County-Court out of Court-time shall nominate and appoint three or more such indifferent persons to examine all such Witnesses as by the party desiring the Writ they shall be moved to summon before them And to this end the Commissioners thus made choice of or appointed to execute the Writ or any two of them shall by the said Writ be impowred and required to appoint a time and place when and where they will receive the Evidences and to issue out Subpaena's for their appearances accordingly and if upon such Summons any of the Witnesses refuse or neglect to come and give in their Evidences then the Commissioners or any two of them be further impowred by this Act to lay such a fine upon them as the Act of Assembly gives in such cases for non-appearance of Witnesses at the General or County-Courts Provided alwayes That the parties procuring the Writ shall give the party concerned against him notice of the time and place when and where the Commissioners intend to sit at least ten dayes before the day appointed by the said Commissioners for putting it into Execution And Be it further Enacted That the said Commissioners or any two of them which take the said Examinations
shall immediately subscribe them seal them and the Writ up and return them with the Writ so sealed up to the Clerk of the General-Court if the Writ issue from the Governour or else to the Clerk of the County-Court whence the Warrant issued by either of the said Clerks to be Read at the time of the Tryals of the Cause in either of the said Courts XXX Penalties for non-appearance of Evidence BE it also Enacted That the Penalties to be inserted in Subpaena's to the General-Courts for Non-appearance of the Evidences summoned be One thousand pounds of Tobacco and for like default of the County-Courts Three hundred and fifty pounds of Tobacco And that all Witnesses summoned to give in their Evidences at either of the said Courts shall be allowed for their necessary time spent in coming and going to and from the said Courts Twenty pounds of Tobacco per day and for the time they attend there untill they have given in their Evidences Forty pounds of Tobacco per day And because many malitiously to aggravate the charge of the Suit summon many more Witnesses then are needful Be it therefore further Enacted That there shall not be allowed in any Bill of Costs the charge of above Three Witnesses to any one Action unless for proof of several Matters incident thereunto which severally may require the Attestation of Two Witnesses XXXI County-Courts appointed BE it also Enacted for the more due Administration of Justice in the several Counties and the greater ease of the people in obtaining the same The Courts be continued in each County as of long time hath been accustomed And that the said Courts do consist of Eight of the most able honest and judicious persons in the County which Eight or any four of them whereof one to be alwayes of the Quorum are to be impowred by Commission from the Governour for the time being to act according to the Laws of England and of this Countrey and to impower them severally and out of Court to act and do all such things as by the Laws of England are to be done by Justices of Peace there And be it further Enacted That these persons thus Commissionated take the Oaths of Allegiance and Supremacy and the Oath of a Justice of Peace That they be called Justices of Peace That the Courts be styled County-Courts And further that the Justices do keep the said Courts precisely upon the dayes appointed by this and former Acts of Assembly viz. Henrico the 1 day Charles-City the 3 day James-City the 6 day Isle of Wight the 9 day Nanzemond the 12 day Lower-Norfolk the 15 day Elizabeth-City the 18 day warwick-Warwick-County the 21 day yorke-Yorke-County the 24 day Northampton the 28 day New-Kent the 28 day Gloucester the 16 day Lancaster the Rappahanocke the Surry the Northumberland the Westmerland the And all Adjournments by all means possible be avoided And that all the Justices of the said Courts respectively shall duly attend the same and shall not depart or absent themselves from thence without the licence and consent of the rest of the Justices there present And if any of them shall happen to have a lawful cause of absence it is thought fit that in such cases they shall upon the first day of the Court signifie the same to the Court by writing and that they make good proof of the truth thereof at the next ensuing Court or else being Delinquent in the premises every Justice so offending shall forfeit for every time of his absence Three hundred pounds of Tobacco to be imposed by the Court and disposed of to the good of the County XXXII No Arrest without Entry of Action BE it also Enacted that all Actions to the County-Courts and Subpaena's for Witnesses or in Chancery be first entred with the Clerk of the County or his known Deputy before any Arrest made or Summons served under penalty of Five hundred pounds of Tobacco to be levyed upon the Sheriff that shall presume to serve any Process contrary to the tenor hereof And be it Enacted That the Plaintiff in any Action shall at least the day before the Court enter his Bill of Complaint and leave it in the Clerks hands that the Defendant if he will may have a Copy thereof and accordingly provide his Answer but the Original Declaration or Bill to be alwayes filed in the Office XXXIII The Defendant to put in his Answer AND be it further Enacted that for the better regulating and keeping the Records and transferring the Presidents to Posterity as also for prevention of new Suits upon mistake of the grounds of Orders That as the Plaintiff both in General-Courts and County-Courts files his Declaration so the Defendant in both those Courts shall also put in his Answer in writing and that the Judgment if for the Plaintiff be endorsed on the Declaration if for the Defendant on the Answer And further that all Evidences concerning that Cause be filed together with them and by the Clerk carefully preserved XXXIV Form of Entring the Court. BE it also Enacted That the form for entring the style of the Court Proclamation for silence the Cryers calling the Plaintiff and the Defendant to Answer be observed in the County-Courts as well as in the General-Courts varying only in the Title of the Court and the Assessors XXXV Court not to take Cognizance of any thing under Two hundred pounds of Tobacco AND be it also Enacted That the Court shall not take Cognizance of any Cause under the value of Two hundred pounds of Tobacco or Twenty shillings sterling which a private Justice may and is hereby authorized and impowred to hear and determine And whereas many vexatious persons do very much trouble the Courts and their Neighbours for brabling words sometimes passionately but not malitiously spoken â—e it therefore Enacted That no Action be admitted for Defamation in any Court Action of Defamation where the words are not Actionable And further that there be no words Actionable but such as if true might have brought the person to suffer punishment by Law any other to be cast out of the Court and the Plaintiff to be non-suited not that liberty is hereby given or intended to any scurrilous person to abuse others at his pleasure but that his Majesties Courts be not for such brawles forced to wave matters of greater consequence And because Offences of this nature may be determined by a particular Justice who is hereby impowred to bind the persons so offending to the good Behaviour or if they find not good Security for the same to commit them to Prison till they find it XXXVI Private Courts prohibited WHereas many things are acted and Administrations granted at private Courts which tend to the apparent dammage of divers of the Inhabitants of this Countrey Be it therefore Enacted That no Private-Courts be kept but that all business tryable or grantable by or at the County-Courts be tryed and granted in open Court at the times and places by
it hereby enacted That according to the said Acts a good strong Prison after the Form of Virginia-Houses be builded within Eight Months after the Date of this Act by the Court at the charge of the County upon Penalty of being fined Five Thousand Pound of Tobacco and be answerable for escapes as aforesaid and that the person breaking Prison shall according to the said Act of the 3d of Novemb. 1647. be adjudged a Felon and that no Person under Execution for Debt or imprisoned for Felony shall have the benefit of the Rules and all other persons having the benefit of the Rules shall be secured and lye in Prison every night at the peril of the Sheriff XLIII Dwellers within the Rules of any Prison not to have any benefit thereof ANd be it Enacted That if the Sheriff shall permit any person dwelling within the Rules of any prison that is by Warrant or Order of Law committed to Prison to walk abroad out of Prison though with a Keeper and to have the benefit of the Rules or to lodge in his own House the said Sheriff upon proof thereof made at the County-Court by the Plaintiff shall be ordered to pay the Debt as in case of Escapes XLIV Sheriffe to be chosen in the Commission FOrasmuch as the Commissioners of County-Courts are by the Laws of this Countrey answerable for the Levies and Estrearments of each County of which the Sheriff is usually the Collectors Be it therefore Enacted that none but one of the Commissioners of each County shall be Sheriff for that County and further that the Commissioners shall exercise the Office of Sheriff successively as they hold their places in Commission every one a whole year and no longer Provided That every such Commissioner before he be admitted to take his Oath give in good security for the due execution of his Office and performance of the trust committed to him and then his Oath be administred unto him And be it further Enacted That no Under-Sheriff shall execute the Office of Under-Sheriff in the same County above one year Provided alwayes That the Sheriffs of James-City who are more immediate Officers then any other to the General-Courts and the Publique shall be left to the Governour 's free choice And further That if the Governour see cause for the better promoting any of his Majesties especial services it shall be left to his discretion to pass by any person in any other Commission and to give the place to those in the Commission he shall think most meet to supply the exigent of the present occasions But because the Laws as well of England as of this Countrey prohibit the executing the Office of Sheriff by any person two years together the Governour is earnestly desired by the Assembly in any of his Elections not to infringe those Laws XLV Sheriffs not making Return WHereas the Sheriffs often through neglect often for favour to the Debtors omit the serving the Process to them directed and making Returns thereof according to Law by means whereof the Courts are prolonged Justice is delayed and the parties by their attendance and expences very much endammaged Be it therefore Enacted That every Sheriff failing to make sufficient Return that is that the Writ is executed and the Name of the Bail taken of any Warrant to him directed three dayes at least before the day of the Return of the Writ in the General-Court and two dayes before the County-Courts shall be amerced One thousand pounds of Tobacco one half to the Plaintiff if he sue for it and the other half to the County Provided That the said Plaintiff prove the delivery of the Warrant to the Sheriff XLVI Sheriffs to take Bail BE it also Enacted That all Sheriffs shall take sufficient Bail of all persons arrested and perform the award of the Court and if the Sheriffs shall neglect to take sufficient Bail of the party arrested or otherwise consent to be the cause of his escape then the said Sheriffe shall be lyable to pay the award of the Court himself and shall also pay in case the consent to the escape be proved One thousand pounds of Tobacco one half to the Publique the other half to the party grieved for his delay in recovering the debt but if Bail be taken and the party appear not to answer the suit then Judgment shall be awarded against the Bail Alwayes Provided That the Sheriff or Bail shall if they desire it have an Attachment against the Estate of the party arrested and not appearing And further that if the Sheriff or Bail shall not the next Court after that to which the Arrest was made bring forth the body of the Party so arrested to answer the Suit then the Sheriff or Bail shall be acquitted for the Judgment passed against them XLVII Non est Inventus BE it also Enacted That if any Sheriff shall return a Non est Inventus upon which an Attachment by a former Act hath been usally granted when perhaps neither the Sheriff nor his Officer have been at the Houses of the Defendants to the great damage and disparagement of the said Defendant by having his Goods Attached Be it therefore Enacted That henceforth the Sheriff or his Officer shall declare upon one of their Oaths that he hath been at the House of the Defendant and hath there left a Copy of his Writ before his return of Non est Inventus be admitted and if he shall refuse to make such Oath then Order to pass against him according to the Act for Non-returns but if the return be proved and allowed in Court then after thrice summoning the defendant by Proclamation in Court an Attachment shall issue against his Estate returnable the Court following where if the Defendant appear not to replevin the Attachment Judgment shall be granted to the Plaintiff for his Debt being made evidently appear to the Court that it is justly due to him XLVIII Apprisement of Goods BE it Enacted for the Equal Apprisement of Goods seized by Execution That the Plaintiff and Defendant shall chuse each of them two indifferent men for that purpose and in case of disagreement the said four or any three of them shall chuse an Umpire which Umpire so chosen shall be sworn by the next Commissioner to apprise such Goods indifferently and his Umpirage to be final And be it further Enacted That if Plaintiff or Defendant shall neglect to appoint Apprizers within three days after Execution is served notice being given them by the Sheriff to whom the Execution was directed that then the Sheriff in such case of neglect shall chuse and appoint Apprizers either for the Plaintiff or Defendant for apprizing the Goods by him seized upon Execution as aforesaid And be it further Enacted That before such Apprizement the Sheriff shall not remove the Goods out of the possession of the Plaintiff and the surplusage if any be returned to him but after Apprizement made as aforesaid the property to vest in the